Kamal Rai @ Kamaliya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23956 of 2017 Arising Out of PS.Case No. -251 Year- 2016 Thana -KOTWALI District- MUNGER ====================================================== Kamal Rai @ Kamaliya Son of Ram Chandra Rai, Resident of Village/Muhalla Chandi Asthan, Police Station Kotwali, District Munger. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar Singh For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 14-06-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State. Petitioner, already in custody, seeks bail in connection with Kotwali P.S. Case No.251 of 2016, registered under Sections 385/387 of the Indian Penal Code. Allegation in brief is that extortion money of Rs.5,00,000/- was repeatedly demanded from the informant from Mobile No.9592036939.
Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the First Information Report. This petitioner is not concerned with Mobile No.9592036939 wherefrom the demand was made. Merely on disclosure of the name in the confessional statement made by Santosh Sahani, he was implicated in this case. Except that there is
Patna High Court Cr.Misc. No.23956 of 2017 (2) dt.14-06-2017 2 / 2 no other material against the petitioner and another co-accused Bablu Bind whose name was also disclosed by Santosh Sahani has been granted bail by a coordinate Bench of this Court by order dated 23.02.2017, passed in Cr. Misc. No.53305 of 2016 and it is evident from the said order that police has not traced the holder of the mobile number wherefrom the demand was made. The petitioner has been in custody in this case since 15.09.2016, and has clean antecedent moreover charge sheet in this case has been submitted.
Having considered the said facts and circumstances, petitioner, namely, Kamal Rai @ Kamaliya is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No.251 of 2016. (Arun Kumar, J.) S.Kumar/- U T